logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2013.10.16 2013고단1769
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant also is a person who is engaged in driving of a passenger car.

On March 21, 2013, the Defendant driven the said car on March 21, 2013, and led the road prior to the entrance of the new village at the time of Kim Jong-si along the first lane of the road at the front of the new village at the time of Kim Jong-si.

The defendant engaged in driving motor vehicles has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

Nevertheless, the Defendant neglected this and proceeds by negligence while driving the car driving by the Defendant, and the bicycle rear wheels part of the victim D(60 years old) driving that was driven by the Defendant was driven by the Defendant as the front driver of the car.

The Defendant, by such occupational negligence, suffered serious injury on the part of the victim, such as blood transfusion and focused cerebral cerebrs, etc., focusing on the fact that there is no open room in two medical treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reports on traffic accidents, actual condition survey report, and on-site evidence and photographs of the traffic accident;

1. The application of Acts and subordinate statutes to medical certificates, medical statements, and respective opinions;

1. Article 3 (1) and Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing [special sentencing favorable to the defendant among the reasons for sentencing] Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as "the reasons for sentencing] - In the event of a serious injury (a serious injury to the defendant), - mitigated factors (emergency relief measures, purchase of automobile comprehensive insurance, serious reflectivity, criminal punishment, deposit considerable amount of money) / [the scope of recommending punishment] - General traffic accident, traffic accident, injury resulting from a traffic accident, aggravated area (one to one year and six months), [decision of sentencing] - Imprisonment with prison labor for eight months, suspension of execution two years.

arrow